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16-58.7   Appropriate City Authority.
   (A)   The Department will assume primary jurisdiction to ensure, among others, legitimate safety objectives in association with installation, use, maintenance and removal of the OTARD devices. The Department shall promulgate rules and regulations if necessary to implement the provisions of this Section.
   (B)   Non-compliance with Subsections 16-58.3 and 16-58.5 may constitute violations of applicable commonwealth and city building regulations and requirements, and result in applicable enforcement actions.
(CBC 1985 16-58.7; Ord. 2012 c. 3)
16-59   PROHIBITION OF THE POSSESSION OR SALE OF SYNTHETIC CANNABINOIDS AND ILLICIT SYNTHETIC DRUGS.
16-59.1   Purpose.
   The purpose of this chapter is to protect the public health and safety of the residents of Boston from the dangers and ill effects of synthetic cannabinoids (commonly known as “Spice” or “K2”), and other synthetic drugs. Without the prohibitions enacted by this chapter, these synthetic drugs can be possessed by individuals without the city’s ability to control the negative effects to the health, safety and welfare of the residents of Boston. These negative effects include, but are not limited to, psychoactive behavior and reactions, serious injury and death caused by its consumption.
(CBC 1985 16-59.1; Ord. 2015 c. 6 § 1)
16-59.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMISSIONER. The Commissioner of the Boston Police Department, or his or her designee.
   PERSON. An individual, corporation, limited liability company, partnership, wholesaler, retailer and any license or unlicensed business, including clerk, manager or owner of business.
   SYNTHETIC CANNABINOIDS. Any chemical compound chemically synthesized and either:
      (1)   Has been demonstrated to have binding activity at one or more cannabinoid receptors; or
      (2)   Is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors. Includes, but is not limited to: HU-210; HU-211/dexanabinol; JWH-018; JWH-073; JWH-081; JWH-200; JWH-250; CP 47,497; and homologues.
(CBC 1985 16-59.2; Ord. 2015 c. 6 § 2)
16-59.3   Prohibition of Synthetic Cannabinoids.
   It shall be unlawful for any person to possess, provide, sell, barter, produce, manufacture, distribute or to offer, display, market or advertise for sale, or purchase with the intent to provide, sell, barter, produce, manufacture or distribute, or to offer, display, market or advertise for sale any synthetic cannabinoid as defined in the provisions of this chapter.
(CBC 1985 16-59.3; Ord. 2015 c. 6 § 3)
16-59.4   Enforcement.
   The Commissioner, or designee, shall have the authority to implement and enforce the provisions of these Sections. The Commissioner, or designee, shall promulgate rules and regulations necessary to implement the provisions of these Sections, pursuant to M.G.L. Chapter 30A.
(CBC 1985 16-59.4; Ord. 2015 c. 6 § 4)
16-59.5   Penalty.
   (A)   Any person found to be in violation of this Section will be assessed a fine of $300. Each incident of a violation will constitute a separate offense.
   (B)   In addition to any penalty provided under this Section, if any of the aforementioned substances or combination thereof listed under the provisions of these Sections are found in the possession of any person, the substances will be forfeited by seizure by the Officers of the Boston Police Department, or other Law Enforcement Officers, and may be destroyed by such law enforcement officials in a method consistent with law.
   (C)   The provisions of these Sections may be enforced in accordance with the non-criminal disposition process of M.G.L. Chapter 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by injunction.
(CBC 1985 16-59.5; Ord. 2015 c. 6 § 5)
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